S ShiftMD
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Terms of Service

Review the terms below. The complete, printable version is also available on the Terms of Service page.

Initial pilot version

This is an operative initial draft for the pilot and requires final legal review before production. The platform operator's legal name, CPF/CNPJ, physical address, support email, and data-protection contact must be inserted here before use with the public. Until then, requests may be sent through the Contact page.

Essential points

  • ShiftMD provides technology for publishing, finding, applying to, and managing medical shifts; it does not provide medical care.
  • The doctor and the hiring organization are responsible for validating and agreeing on the professional, contractual, tax, labor, and payment conditions of each shift.
  • Credentials and documents may be self-declared or user-provided unless the interface expressly identifies a successful authoritative verification.
  • Payment processing and cancellation charges are not active in the current pilot; amounts and estimates shown by the platform are informational.
  • Patient data and medical records must not be entered in profiles, shift descriptions, applications, or credential uploads.

1. Acceptance, capacity, and authority

By selecting the acceptance checkbox, creating an account, or using an organization account, you declare that you have read and agree to these Terms. You must be at least 18 years old and legally capable. Anyone acting for a hospital or healthcare company declares that they have authority to bind and administer that organization. Electronic acceptance and platform records may be used as evidence of the relationship, subject to applicable law.

2. Nature and scope of the platform

ShiftMD is a technology intermediary. It offers account, discovery, application, credential-display, requirements, scheduling, notification, and evaluation tools. Except where ShiftMD expressly signs a separate written contract, it is not the employer, healthcare provider, staffing agency, representative, partner, or contracting party for a medical shift and does not direct clinical work.

This contractual description does not override mandatory law or prevent a competent authority from classifying a relationship according to the facts actually verified.

3. Accounts and access security

Account information must be true, complete, current, and related to its real holder. Accounts are personal or restricted to the authorized staff of the registered organization. Users must protect passwords, linked Google accounts, authenticators, and devices; promptly update contact information; and report suspected unauthorized access through the Contact page. ShiftMD may require identity, authority, or professional-document evidence and may reject, restrict, or deactivate accounts when reasonably necessary for security, legal compliance, or platform integrity.

4. Duties of doctors

A doctor using ShiftMD must:

  • maintain valid and regular registration with the competent Regional Council of Medicine for the place of practice, including any required secondary registration, and only claim specialties and RQE records they lawfully hold;
  • provide authentic, legible, current documents and immediately correct or report expired, suspended, revoked, or inaccurate credentials;
  • independently assess the shift, working conditions, competence required, schedule compatibility, remuneration, hiring form, and tax obligations before applying or accepting;
  • practice with technical autonomy and comply with legislation, CFM/CRM rules, professional secrecy, ethical duties, patient-safety obligations, and the rules of the healthcare establishment that are lawful and compatible with medical ethics; and
  • honor confirmed commitments and promptly communicate any impediment through the available channels, without using ShiftMD as an emergency-care channel.

5. Duties of hospitals and healthcare companies

An organization using ShiftMD must:

  • be duly constituted and represented, keep its registrations and authorizations regular, and limit account access to authorized personnel;
  • publish accurate shift information, including location, date, hours, specialty, duties, requirements, remuneration, contracting form, payment timing, and material risks or conditions;
  • independently verify the selected doctor's identity, active registration, qualifications, suitability, and documents before allowing clinical work;
  • provide a lawful, ethical, and safe work environment, adequate staffing, equipment, protocols, access, technical direction, and continuity of care; and
  • fulfill the contractual, payment, tax, labor, occupational-safety, regulatory, and recordkeeping obligations that apply to the arrangement actually adopted with the doctor.

6. Applications and formation of a shift arrangement

An application is a request for consideration, not a guaranteed engagement. A shift remains open until an organization selects an applicant. Selection in ShiftMD records the operational match but does not replace any contract, credentialing, onboarding, occupational-health check, or other formality required between the doctor and organization. Those parties must directly confirm all final conditions and are solely responsible for their own arrangement. ShiftMD does not guarantee demand, applicants, selection, attendance, performance, payment, or a particular legal or tax treatment.

7. Changes, cancellations, transfers, and completion

Users must make changes, cancellations, transfer requests, and completion reports in good faith and as early as reasonably possible. The platform may notify affected parties and preserve lifecycle records. An organization may change or cancel an open or covered shift through the available workflow; the parties remain responsible for directly managing clinical continuity, replacement coverage, expenses, notice, compensation, and any legal consequences. A transfer is effective only when completed through the platform workflow and accepted under the rules shown there. Platform status does not excuse abandonment of a patient, duty, or legally required handoff.

8. Prices, contracting, payments, and cancellation estimates

Each shift's remuneration, accepted contracting forms (such as individual or legal-entity contracting), invoicing, taxes, withholding, benefits, expenses, and payment timing are defined and fulfilled directly by the doctor and hiring organization. ShiftMD does not create a company, issue invoices, provide accounting advice, hold funds, guarantee solvency, or collect shift payments in the current pilot. Any subscription plan is activated without a real charge while the interface is marked as a preview. Cancellation-fee calculations are estimates only and are not debited or a final determination that an amount is legally owed. No party may rely on the platform display instead of its own contract and professional advice. If a paid consumer relationship is introduced, nothing in these Terms restricts any mandatory right of withdrawal, refund, or cancellation under applicable law.

9. Credentials, requirements, and evaluations

Professional profiles, diplomas, certificates, RQE records, curricula, and application evidence are supplied by users and may be unverified. A label such as present, uploaded, pending, expired, or self-declared is not an official validation. A verification is authoritative only when the interface expressly identifies the competent source and a successful current result; even then, users must recheck information when required by law or patient safety. Automated requirement checks assist review and do not replace human due diligence. Scores and evaluations summarize platform records and opinions; they may be moderated for fraud, illegality, conflicts, or clear error and are not guarantees of future performance.

10. Clinical safety, emergencies, and confidentiality

ShiftMD is not a telemedicine, diagnosis, triage, emergency, prescription, or medical-record service. Clinical decisions and care are outside the platform and remain under the responsibility of qualified professionals and healthcare organizations. Do not upload or type names, records, images, clinical histories, test results, or other information capable of identifying patients. If patient information is included improperly, the submitting user is responsible for immediately reporting it and cooperating with secure removal, without prejudice to the duties of all controllers and professionals under applicable law.

11. Operational communications

While an account is active, ShiftMD may send communications needed to operate and secure it, including password resets, email confirmations, application and shift updates, reminders, and policy or security notices. These may appear in the platform or be sent by email. Web Push is enabled only after device/browser permission and according to available preferences. Delivery is not guaranteed and users must keep contact details current and monitor confirmed commitments. Promotional communications, if introduced, will require the applicable choice or consent and an unsubscribe mechanism.

12. Personal data and privacy

ShiftMD processes account and contact details, professional registrations and qualifications, address and approximate geolocation, organization information, uploaded documents, applications, shift activity, evaluations, authentication data, communication logs, and technical security records as needed to provide and protect the service. Essential session and language cookies and local device storage support login and interface preferences. When a device biometric unlocks a platform authenticator, ShiftMD receives the resulting credential proof, not the device's fingerprint, face image, or biometric template.

Processing may rely, as applicable, on performance of these Terms and pre-contractual procedures requested by the user, compliance with legal or regulatory duties, regular exercise of rights, fraud prevention and security, legitimate interests assessed against user rights, and consent only where it is the appropriate legal basis for a specific optional purpose. Accepting these Terms is not blanket consent for every processing activity.

The ShiftMD operator acts as controller for account administration and platform operations. Hospitals and healthcare companies act as controllers for the selection, contracting, regulatory, and care-related activities whose purposes they determine. Data needed to assess an application may be shared with the responsible hospital and, when the shift is linked to one, the partner healthcare company. Data may also be processed by infrastructure, storage, email, authentication, and push-notification providers, or disclosed when legally required. Some providers may process data outside Brazil, subject to the safeguards required by the LGPD. ShiftMD does not authorize recipients to use application or credential data for unrelated purposes.

Data is retained while needed for the account, platform integrity, legal and regulatory duties, dispute defense, security, and legitimate audit records, then deleted or anonymized when retention is no longer justified. Subject to the LGPD, data subjects may request confirmation, access, correction, information about sharing, portability where regulated, review of solely automated decisions, anonymization/blocking/deletion where applicable, and revocation of consent. Requests and privacy questions may be submitted through the Contact page. A dedicated Privacy Notice should complement this section before production.

13. Acceptable use and user content

Users may not impersonate others; falsify credentials, shifts, activity, or evaluations; discriminate unlawfully; harass or defame; disclose confidential or patient data; violate intellectual-property or privacy rights; scrape, reverse engineer, overload, probe, or bypass security; distribute malware; automate access without authorization; manipulate scores or applications; use the service for unauthorized recruitment lists, spam, or unlawful activity; or help another person do so. Users retain ownership of lawful content they submit and grant ShiftMD a non-exclusive, limited, worldwide, royalty-free license to host, reproduce, format, display, and transmit it only as needed to operate, secure, and improve the service and comply with law. The user warrants that they have the rights and legal basis needed for submitted content.

14. Availability and third-party services

The service may be changed, maintained, interrupted, or discontinued, especially during the pilot. ShiftMD will use reasonable care but does not promise uninterrupted, error-free, or universally compatible operation. Maps/geocoding, email, Google authentication, Web Push, hosting, and other external services may be limited, inaccurate, unavailable, or governed by their own terms. Users must keep independent copies of documents and independently confirm time-sensitive shift information; the platform is not the sole continuity or emergency system for a healthcare service.

15. Suspension, termination, and account requests

ShiftMD may restrict or deactivate an account proportionately when there is a Terms violation, false or expired professional information, suspected fraud or compromise, risk to patients or other users, nonpayment if real billing is later enabled, legal order, or discontinuation of the pilot/service. When compatible with urgency, security, and law, ShiftMD will provide the reason and a channel to request review. Users may stop using the service and request account closure through the Contact page. Until an automated deletion flow exists, closure and LGPD requests are handled manually; some records may be retained where a legal basis or duty permits or requires it.

16. Responsibility and limits

Each party is responsible for its own acts, omissions, statements, legal duties, and the damages it causes. To the extent permitted by law, ShiftMD is not responsible for clinical acts, staffing conditions, hiring decisions, user-provided information, no-shows, delayed or missing payments between users, tax or employment classification, or indirect losses arising exclusively from another user or an unavoidable third-party failure. ShiftMD remains responsible for its own proven unlawful conduct and does not exclude liability that cannot legally be excluded, including mandatory consumer, data-protection, intentional-misconduct, or gross-negligence protections. Nothing in these Terms limits patient rights or the professional and institutional duties imposed by health law and medical ethics.

17. Intellectual property

The platform software, interface, visual identity, databases, documentation, and ShiftMD-created content are protected by applicable intellectual-property law and remain with their respective owners. These Terms grant only a personal, revocable, non-exclusive, non-transferable right to use the service for its intended purpose. No trademark, source-code, database-extraction, resale, sublicensing, or derivative-work right is granted.

18. Changes to these Terms

The version and update date identify the applicable text. ShiftMD may revise these Terms to reflect service, security, legal, or business changes. Material changes will be communicated with reasonable advance notice through the platform or registered contact details when feasible, and new express acceptance will be requested when the nature of the change or law requires it. Changes do not retroactively remove accrued rights. Users who disagree may stop using the service and request closure before the new version applies.

19. Governing law, disputes, and contact

Brazilian law governs these Terms, including the Civil Code, the Marco Civil da Internet, the LGPD, medical-profession rules, and the Consumer Protection Code when applicable. The parties should first try to resolve questions in good faith through the Contact page. Any forum provision will respect mandatory jurisdiction and, in a consumer relationship, the consumer's legally protected venue; until the operator's registered office is inserted after legal review, no elective forum is designated. If a provision is invalid, the remainder continues to apply. Failure to enforce a provision once is not a waiver.

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